DOJ junks charges vs 14 Taiwanese, 10 Chinese

MANILA, Philippines - The Department of Justice (DOJ) dismissed the criminal charges filed against 14 Taiwanese fugitives and 10 other Chinese citizens who were earlier deported to mainland China.

The deportation triggered a rift between the Philippines and Taiwan, which wanted them sent back to Taiwan.

In two separate resolutions issued yesterday, the DOJ had dismissed the charges of syndicated estafa and violation of Republic Act 8484 (Access Devices Regulations Act of 1998) that the National Bureau of Investigation (NBI) and the Embassy of the People’s Republic of China filed against the 24 suspects.

The 14 Taiwanese were arrested in Makati last December for large-scale fraud victimizing mostly Chinese from China, Taiwan and Hong Kong.

The DOJ has found no probable cause to indict the deported Taiwanese and Chinese suspects for allegedly operating in the country in online activities that had defrauded citizens from mainland China of over $20 million.

“After a careful evaluation of the records of this case, the undersigned investigating prosecutor finds the evidence presented by the complainant insufficient to establish probable cause against herein respondents for the crime charged,” stated the resolution signed by acting State Prosecutor Gerard Gaerlan.

The DOJ resolution came a month after the 24 fraud suspects were flown to Beijing after they were deported despite the pending criminal case against them in the Philippines. 

The deportation also disregarded a writ of habeas corpus issued by the Court of Appeals in favor of six of the Taiwanese. The DOJ ruling also showed that the allegations against the suspects, for which they stand to face trial in Beijing, have no basis insofar as their alleged operations here are concerned.

All 24 suspects and others earlier arrested were accused of using automated teller machine cards and telecommunications services to obtain money by initiating transfer of funds from China to the Philippines.

Several computer and other electronic items were seized from the suspects during simultaneous raids in Makati and Muntinlupa cities last Dec. 27.

But the DOJ explained that mere possession of the seized items did not prove the suspects were involved in computer fraud operations.

“Despite opportunity given the complainant during preliminary investigation, they still failed to substantiate their complaint by submitting additional evidence to prove that respondents were utilizing the seized items in violation of RA 8484,” the DOJ said.

The 14 Taiwanese deported to Beijing are: Tsou Chi-Feng, Lin Te-Kuei, Chuang Chao Shan, Liu Kuei-Yun, Fan Ming-Fu, Lee Hsiang-Pin, Lin Ying-Chang, Wang Chun-Hsiang, Kung Ying Pin, Lin Chih-Chiang, Tai Yao-Pin, Chen Chia Hsiang, Chen Ho-Yang and Li Yuan-Hsing.

The 10 other Chinese are: Peng Yuxue, He Cong, Liu Yan, Feng Zehang, Peng Jinxing, Liang Feng, Tang Xian Hua, Wang Mingxia, Weng Jialu and Xue Yushan.

Aside from the 24 suspects, 26 other remaining suspects were arrested during raids in Quezon City and Parañaque last Dec. 22 and 23.

All of them have already been released from detention since they were not subjects of the request for deportation by the Chinese government.

Justice Secretary Leila de Lima was firm on her stand that the deportation of the Taiwanese to Beijing was legal.